>>shepard: it is 3:00 on the east cope. i appear shepard smith at the university of denver. this is "studio b." after months of blasting each other, rebound and governor romney are set to finally face off for the first debate here tonight. while new violence overseas put foreign policy back in the headlines this debate is not about foreign policy. this sedate is domestic issues, including three segments on health care and the high unemployment rate. we have coverage this hour from our correspondents following poet campaigns. we will speak with top advisors for the president and the governor. that is all ahead unless

breaking news changes everything. this is "studio b." >> first from fox at 1:00 o'clock in denver, live from the university of denver. if hours, president and the governor will go head to head in their first debate, talking about the economy, health care, the role of government and governing. president obama looking to solidify his lead in the swing states that could decide the election. the president has been taking aim at governor romney's secretly recorded comments about the 47 percent of americans who do not pay income taxes. those comments will likely comment up tonight. for governor romney, the debate presents a chance to gain momentum by hitting the president where some consider him vulnerable, on jobs and the sluggish economy. the romney campaign has new ammunition from vice president biden and comments yesterday about the middle class.

>> how can they justify raising taxes on the middle class which has been buried the last four years. >> an obama advisor defended the vice president saying it is the republican policies that hurt the middle class in the first place. the romney campaign targeting the comment in a brand new ad already. we will show you that in a minute. a new nbc and the "wall street journal," parent company of this network. shows the president ahead 49 percent to 46 percent which is in the margin of error. in the states, it is a different coverage. we have carl cameron with the romney camp and now ed henry on what we can expect tonight. >>reporter: the president is on the way to denver. think how pivotal this city has been to his career. the mile high stadium is where he launched "hope and change,"

the dramatic democratic convention speech in 2008 with the greek columns. in 2009, near mile high stadium he was at denver science museum signing the stimulus into law which has had mixed results. a big part of his record handling the economy is here. now denver will decide if he gets another four years. he leaned on bill clinton to make the case this is no way he could have turned this around in four years. >> the economy is not fixed. i am telling you, nobody could have fixed this much damage in four years. the president's mock plan is better in the short run, the long run and a vision where all of us in this together is better than you be often your own. there is no on your own country in the world succeeding like those who have a good "we are all in this together" strategy.

>>reporter: the order of questions is decided. the president gets the first. the problem with the argument that former president clinton made in 2009 president obama said if he didn't turn this around in 3 or 3 1/2 years it would be a one-term proposition. something governor romney will point out. >> the governor aides say -- the obama camp will focus on the economy, taxes and the deficit and will hit romney hard on the idea that bill clinton has been making and made at the democratic national convention in charlotte, north carolina, it does not add up when you look at the romney campaign. >> he will say he will cut the deficit. please! he wants $2 trillion in new defense spending that the pentagon did not ask for and he will not saw how he will pay for the tax cut for the wealthy. >>reporter: president obama said he would cut the deficit in

half this four years. that has not happened. he is vulnerable on a lot of the key issues. that will be a big part of this face off tonight. >>shepard: thank you, ed henry. as governor romney finishes the debate preparations in the city they are hitting his opponent over the comments from vice president biden. the romney camp calling the remarks about the middle class a stunning admission much he is a spokesman early here on fox news. >> we cannot afford four more years like the last four years we have seen under this president. his own vice president said the middle class has been buried under his policies. what we need is governor romney could come in and deliver a real recovery for the american people. >>shepard: romney campaign trying to capitalize on the remarks about the struggling of the middle class, a theme to be repeated, likely, over and over tonight. now, carl cameron live at the debate spin room.

how will the governor romney hammer those comments of the vice president? >>carl: depends how the debate plays out this is different for mitt romney. each question is 15-minute segment. a go for two minutes to each candidate and then a free for all for the remaining 11 minutes. it will be up to jim lehrer. romney wants do go after obama's record. this are plenty of zingers. in the past several weeks, both campaigns have been trying to lower spectateses for their performance, mitt romney appears to have won that. the gal hop poll -- gallup poll shows most americans think president obama will win the debates which is what romney wanted people to think so he could overcome lower expectations and appear to overachieve tonight but it shows a certainant of doubt in the american public about his debate skills. he has reached a point in the last few days where he recognizes there is a industry

amount riding on this and he has to show to the american people he is a capable, able, and likable would-be president who provides necessary specifics to persuade people that there is a reasonable affirmative vote they can cast in his favor. that does not exclude his ability to go after president obama and make the case with the biden remark from yesterday about the middle class being buried, or the president's remarks about redistribution going back several years, that the obama agenda will not like the economy. >>shepard: what superstitions does your candidate have? >>carl: no real hard work or debate rehearsals. the idea is not to leave it in the locker room. he told the aides, it is now up to him and rebound and all the work in advance now has to be left to them. peanut butter and honey is on the menu for the meals today. talk of yogurt.

during the primary campaigns, he would go see a movie. his son is keeping him occupied with funny youtubes, nothing to knock him off the necessary concentration needed. this is a 90-minute debate, the first of four in four consecutive weeks. romney campaign looks at this as very important tonight but part of a more lengthy piece. if there are mistakes made, there are opportunities to change them. this is the biggest opportunity for romney yet. no more attack ads, just he and the president. >>shepard: i am curious about the scheduling snafu beyond all reason and understanding the president and the governor will be on tv at the same time as the red sox and yankees. i don't understand it. >>carl: the red sox are not that competitive. the debate and the primary in the presidential race is very

competitive. we will talk -- not talk about your yankees. >>shepard: this is the first debate about domestic issues only tonight, the biggest health care in the economy, and the president is leading on the health care issue. specifically, leading on medicare. but according to the latest "wall street journal" they are tied on who better to handle the economy. now, a political reporter for www.realclearpolitics.com. good to see you. how in the world some wonder can president obama be tied with governor romney with this mess? the president said if it was still like this it was a one-term deal? >>reporter: president obama has been running a very focused, tightly wound campaign that is pretty heavy in the battleground states and running ads against mitt romney all summer. i talked to the romney campaign

yesterday. they pointed out that mitt romney has not been running a sustained ad campaign in those states until the last two weeks. they are starting to see a turn around in the polls and tightening there now. they want this debate to go well so they can continue the tightening. >>shepard: this video from 2007, usually things like that, they must think they will get some traction off the thing. >>guest: the interesting thing about that, the romney campaign is not talking about it. we hear a little bit about it super republican groups and super pac's but the romney campaign is not focused on the video. the media has written it off as before the president was president. they want to focus on his tenure in his first term. >>shepard: i wonder if there is an insight into what the governor can do specifically, specifics he can give that will explain to people, this is how i

will fix it. most observers is said, these guys lack specifics. the people are yearning for specifics. >>guest: they are. one thing i have heard from both campaigns today is they are going to be prepared to talk about specifics on tax policy. the president is looking to beat down some of mitt romney's plan, saying they will add to deficit spending. look for mitt romney to respond to that. they will rule out more specifics there. >>shepard: as you watch tonight, what is the question that the political reporter whose watch these guys all the time think could be a real stumbling block. >>guest: if we get to immigration, in one of the last two segments, about the role of government, immigration will be a tough sell for both of these candidates. neither of them have said much about what they would do. president obama in a second temperature on mitt romney if elected. that could be a stumbling block for both of them.

>>shepard: thank you from our capitol hill newsroom. thank you. representatives from both candidates will be coming up in a moment. we will see how each responds to tough questions about the campaign and what each wants to hear from the other side. also, a manhunt on the border this afternoon. federal agents trying to fine the people who killed one of their own. the latest on the investigation on a very busy afternoon of news. we are live from denver.

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trust me, it worked for me. you'll never know unless you call. ♪ ♪ or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. >>shepard: the u.s. border patrol agent that survived the deadly shooting yesterday survived the hospital. another agent died in the gunfight. this happened early year,

southeast of tucson, in an area that is a known drug smuggling route the suspected killers are still on the run. now, we are following that story from our west coast news hub. what is the latest on the investigation? >>reporter: a problem we are having right now is they have not found a weapon. a lot of the leads they thought he -- they might have have dried up. the f.b.i. is meeting a lot of deadends. they were five miles north of the border, in this area then for drug smuggling and an area known for being wide open. you can get cross the border quickly if you need to. investigators also say the third border patrol agent was a female, uninjured, and they believe the cartels are somehow involved in this. it is a reminder that the threats of the agents this they face every hour of every day.

>> when you deal with amended drug traffickers that are armed and they have the advantage of knowing where they are and we don't necessarily know when we will be encountering them, it poses a danger to law enforcement and the citizen. report very -- >>reporter: we have seen that danger over the years. it will take a couple of days to process the crime scene. >>shepard: what else did we learn about agent killed? >>reporter: he followed in his brother's footsteps in 2008 and went to the academy and joined the border patrol. he spoke flew went spanish. during his mormon mission, he went to mexico city and enjoyed the area and now the area and enjoyed going do work. he loved that area in southern arizona. he had a wife, two young daughters. his partner is distraught, the

man who was shot and injured that was with him and distraught. the family, friends, agents, all grieving over this tough loss. >> the agent died in the line of duty. he was protecting our nation against those who threaten our way of life. his death only strengthens our resolve to enforce the rule of law and bring those responsible to justice. on report we talked to a number of agents on the border. it has been a tough couple of days. they are rallying around the officers and the family of agent ivii funds having been set up for his children. >>shepard: thank you, adam housley. we are monitoring what has turned it to a very serious situation on the border between syria and turkey. syria is in the middle of a civil war for a year and a half

l is a serious development. syria fired something, mortars, across the turkish border in an area where a bunch of people were turned into refugees. the syrian government forces have fired across the border into turkey. one of the mortars landed on a house according to local reports. a number of people were killed in the house including a six-year old boy. that is the going. -- that is the beginning. just the beginning. the united states is outraged and secretary of state, hillary clinton has come to the microphone to say just that. the people of this town in turkey have marched on the mayor's office and said, what are we going to do? the scenes firing on our innocent people? minutes ago we got word that the turkish military has responded. quoting from reuters in ankara, turkey, they struck targets inside syria in response to the

mar tar bomb that killed, now the number is five turkish civilians. the prime minister said this in a statement. we are getting developments quickly from the region. syria fired into turkey, again, killed five including a six-year old boy. now turkey has fired back into syria. the last tinge the world can take is the syrian civil war escalating into a regional conflict. it would be a far exaggeration to say that happened. who know whose was responsible for this in syria or whether it was organized or just a one rogue person doing something he should not have done. however, five people in turkey are dead. the turkish military has responded into syria. we await developments as not has fallen in turkey and we approach a new day. we will keep you updated on fox news. >> a government agency spent hundreds of millions creating

irrelevant and useful reports. it sounds like what companies and governments do all time the but hundreds of millions were spent. one described phishing in a suspicious fashion. another put the spotlight on a motorcycle gang for encouraging the use of designated drivers. we will have details on that and continue to have our predebate coverage here on fox news channel in denver.

>>shepard: a bipartisan report from the senate blasted a homeland security intelligence program calling it "useless and costly of the that tramples on civil liberties." the department of homeland security created dozens of so-called fusion centers. what are fusion centers?

they are set up to share intelligence across multiple departments. they came eight bout in the aftermath of attacks of 9/11. according to the vice president vice president senate investigation, the program found no potential terrorist activity, nothing. often they spied on innocent americans. department of homeland security, spying on innocent americans? my goodness! the cost? up to $1 billion. the report indicates and i quote, "the subcommittee investigation found that the fusion centers often produced irrelevant, useless, or inappropriate intelligence reporting to dhs and many produced no intelligence reporting whatever." homeland security spokesman blasts the report in a statement and i quote, "the committee report is out of date, inaccurate and misleading." with us is senior judicial analyst. $1 billion to spy on innocent

americans. >>judge napolitano: that is the new normal. the department of homeland security says it doesn't know how much money it spent and it puts it at a range between $300 million and $1 billion. the senate committee which was signed by more democrats than republicans, says that $1.4 billion has been spent. the senate committee counted a different number of fusion centers than dhs claims they have and that they are more dedicated to the lawless unconstitutional violation of civil liberties by spying on people without getting search warrants than they were to developing legitimate intelligence which would help secure our freedom or our safety. some of the people have been complaining about it for a long-term. now we have the united states senate saying the complaints true. these are rogue law enforcement people serving no good, just becoming spies. >>shepard: did they forget their directive and get all

caught up in the power of being able to look down on people and see what they are doing? >>guest: the directive was to enable state and local and federal intelligence and law enforcement to exchange information so the right hand wrote know what the left hand was doing. the information they chose to exchange had next to nothing to do with national security. this was not a single meaningful allegation or indictment or prosecution for national security that came out of this. in fact, because these were federal centers, they were frequently manned biological law enforcement from a different locality. and the guys got bored and decided to go out on the road and enforce local laws. suddenly they found out they were not authorized to do so in those states. that frustrate ised local law enforcement because they were bored in the fusion centers. >>shepard: this is the same department of homeland security that told us to shrink wrap our homes to keep the threat to a

minimum. is it your understanding that there is absolutely no uprising to try and do something about this government department of 90,000 employees? >>judge napolitano: senator lieberman is leaving the senate, and john mccain so it could be quite a stir. something will happen soon, i do believe. >>shepard: or they will run out money. >>judge napolitano: they don't even know how much money they spent. >>shepard: judge, thank you, i suppose. >>judge napolitano: a pleasure. >>shepard: one of the moderators of the debate says thinking about the job makes her want to throw up. she told me that. i know the criticism of the picks to host the debate and why the moderators could face more pressure than normal and the debate is about issues in the homeland but the attack in libya

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unitedhealthcare is committed to delivering a health care experience you'll truly value. call today. i am so ready to call. begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye. >>shepard: we are getting word that nato ambassadors will meet later on today. not sure when or where. there is an escalating situation between turkey and syria. i reported syria -- syrian

government forces fired multiple mortars that hit a house in turkey and five people in the house died including a six-year old child. people in this small town went to the mayor's office, then the turkish military fired back into syria to targets and the secretary-general of the united nations has stepped forward to urge syria to use restraint, now nato arches coming together to, obviously, the goal is to keep this are from spiraling into a regional issue the last thing a world needs is regional conflict in the middle east. that is not to suggest that is what happened. we waiting for new information. we expect brand new video from turkey shortly. the moment we get it to you we will bring it to you. >> politics now. not just the nominees have to be on their toes. the moderators are likely to come under attack for bias or letting someone dodge a question. jim lehrer compared his job as a

referee to a "walk down the blade of a knife." in this election season the criticism started long before the first debate. some pundits have slammed the choices on the screen saying they are too old, too boring, even asking why they all white. jonathan is in new york. cannot win for losing. it is always tough for the moderators. >>jonathan: a dirty job but someone has to do it. whatever james -- jim lehrer does tonight he will be criticized. remember, the candidates in the republican primaries, we ask them attacking the moderators from the state. gingrich did it with wrong king of cnn and our own juan williams during the republican primaries. our senior political analyst brit hume has been in this position. here is his take on the job difficulties. >> you are at the center of attention but you don't want to

be. you want the candidate to be the story, you want to facilitate that. you have to be firm enough and sharpen your questioning enough so it makes for an interesting debate and be careful not to cross the line to where it looks like you are favoring one candidate over another. >>jonathan: he says he things it is unlikely the candidates themselves will attack the moderator tonight because he says while that may happen in a primary contest it is far less likely to happen with these candidates trying to look presidential tonight. >>shepard: there is criticism over a lack of racial diversity. >>jonathan: just divertity in general. you look at the moderators of the presidential debate, candy, in the middle, from cnn, is the first woman moderator of a presidential debate for something like 20 years. juan williams says there are

also other questions of diversity that have to be addressed. >> some resent the fact of a growing black population or spanish population in terms of personals which now, especially, among the young people, are adding up to close to half of the american population, against the all white group of moderators is disappointing. >>jonathan: on the bright side if, as you said in the introduction, the criteria is being old, boring and white, surely i will get a call soon. >>shepard: that would do it. i was talking to candy at one of the conventions, the democratic national convention, down in charlotte, north carolina. i was like, candy, congratulations and she says, don't even make me think about it. i told one of my kids it would make me they out. >>jonathan: in a sense she takes herself out of the firing

line a little bit but no one seems to love doing these but it is a great honor at the same time, clearly. >>shepard: no doubt. jonathan, thank you. secretary of state, hillary clinton has asked lawmakers to delay making a conclusion on the deadly attack in libya unless and until the state department review board finishes their work which could be after the election. she wrote a letter to the house of representatives oversight chairman to pledge the state department will give full cooperation on investigating the attack. the review board does not have to submit the findings until 60 days after the first meeting, so that is after the election day. the letter was in response to the congressman's claims the state department turned down requests do more security in the lead up to benghazi attack that killed four americans including the ambassador. catherine has been following this story and is like in washington, dc. what are you learning? >>reporter: congressional investigators are gathering evidence with 60 reported warnings after the consulate best attack.

secretary of state, hillary clinton, meanwhile, said no premature conclusions should be reached. >> let me start by cautioning everyone against seizing on any single statement or piece of information to draw a final conclusion. it is essential that we go through all of the information and the entire context so we can get a full and complete accurate understanding of what happened. >>reporter: the staff of the department's internet investigation was fleshed out with former ambassador who will be joined by admiral mullen. hillary clinton said this investigation was personal. >> no one will hold this department more accountable than we hold ourselves. we served with and we knew the four men we host.

they are not just names or profiles to us. they are our colleagues and our friends. >>reporter: the house of representatives oversight committee will take up the issue on wednesday with some of the testimony given in an open forum. some of it will be written. >>shepard: we talked about the former guantanamo bay detainees' role. >>reporter: there is evidence a former g bay -- guantanamo bay detainee trained some of these suspects. we are running specifics about the attacks. it was not sudden or spontaneous thrown together in a single day as the administration claimed. this is according to the head the house of representatives intelligence committee who is briefed on the status of the investigation. >> it was certainly before the

date of the event. they had kill and capture teams and other information. it was too well planned to have this to be a spontaneous event. >>reporter: this description of "kill or capture" teams and the congressman would not go further. it speaks to enattack on several fronts with specific targets in the cells. >>shepard: thank you, catherine. the murders in libya are a campaign issue. with us in denver to talk about foreign policy is the deputy campaign manager for president obama, stehpanie cutter. this is a mess. it would appear, the reasons i cannot know but in the beginning it appears that susan rice was sent out to tell the world on five different sunday talk shows something that wasn't true because the intelligence document catherine has suggested that the white house knew that intelligence knew in 24 hours this was an attack and not a spontaneous event. >>guest: these questions are

best suited for my former colleagues at the white house the i will say from the moment of the attack, the president was focused on two changes. the making sure our embassies were secure, but, also, getting to the bottom the attack --. >>shepard: he went to a fundraiser the next day. >>guest: you doing your job 24 hour as day you know that. sow getting intelligence. you working on it. the second thing he was getting to is getting to the bottom of the attack and finding who was responsible and write them to justice. >>shepard: the suggestion is from the campaign standpoint the numbers down on foreign policy, however the attack on diplomatic mission in libya slightly but noticeably chipped away at the lead. would the campaign have preferred maybe they not put susan rice out to tell us something that the intelligence sources said was wrong. >>guest: the campaign doesn't have anything to do with decisions like that. those are decisions for the

white house. when you have a tragedy that hits home like this and a national security issue for the president, politics doesn't weigh in on it. this is only one person right now trying to play politics with this issue. it is mitt romney. when he came out before the facts were known and specific on it, shot from the hip. before our families remain even notified. ever since, jumbled the story line, have it calf the president, but, still, has yet to put out his own foreign policy vision and say what he would do differently on libya or any number issues. >>shepard: i understand your criticism on the jumbling of the story line but i want to get to the bottom the jumbling of the story line on this matter because this matter of susan rice telling us one thing and intelligence knowing something else entirely is a matter that could be very tricky for a campaign and, frankly, could be concerning to a lot of americans that the president goes off to a campaign event to raise money

and we have had the assassination of an ambassador overseas for the first time since 1979. >>guest: as i said at the beginning, i don't have access to any information on this beyond what is in the public. i do know how these things unfold where facts become known after the crisis in a matter of days and hours. you cannot predict it. she went out there with the information that she knew at the time. she also said we were investigating it, getting to the bottom it. as that information has become known, at every turn, whether it is hillary clinton, the white house or other national security officials they have been communicating that to congress and the american people. that is the responsible way to address a crises like this. we welcome any discussion of foreign policy with mitt romney. >>shepard: nice to see you. that is the word from president obama's camp, a spokesman for the governor romney camp in a

moment and questions about his 47 percent statement.

>>shepard: we are 13 minutes before the hour on "studio b" live in denver and counting down to the first of the presidential debates. the republican nominee has gained ground in florida and virginia but still a die with the president there according to the "wall street journal" and an nbc poll but the president has a sizable lead in ohio by any measurement. the polls also show new optimism of the state of the economy a development which may now help governor romney. a romney campaign spokesman is here. stehpanie cutter and i were talking about this matter the attack and how it went down, the criticism of the romney camp has leveled. she points out rightly the

romney catch was first to come out with a statement before the ambassador was dead. a lot people thought that coupled with what happened in london when he went over and insulted our allies and the rest which is a message to the voters that the voters received as you can't handle this. >>guest: the governor made clear he disagreed with the nature of the initial response from the embassy in egypt, that we should be stronger in recognizing the threat that we face in that region as well as a threat in north africa. governor romney made very clear that was what he believed and he had a very different opinion. this is something that i think during the course of the campaign and going forward, we will continue to talk about the differences on how we respond to the threats. right now, the administration has a lot more questions to answer about their initial response. >>shepard: we will ask those questions without doubt. now the 47 percent comment, if anything has driven the narrative or swayed numbers in

the past couple of weeks it is that. the 47 percent comment has really kicked you according to the pollsters. what can the governor say tonight? >>guest: the governor made clear he was talking about that in a political context. it is a mistake when candidates play analyst. in that regard he said. >>shepard: he said that 47 percent of americans believe they are victims and he can never convince him to take responsibility for their lives of the that is not a statement that has anything to do with politics. what i am saying is, how can he rechannel that message which clearly was not the message he wanted to send. >>guest: the reason he is running for president is to help 100 percent of the american people. he wants to help everyone realize more would expert and he wanted to set the country on a better course than we have been the last four years. what you will see tonight and it is something we will see for the campaign, is posing the

questions to the american public: are you satisfied with where we have been the last four years and do you want another four years. moment people who ask that question do not want the status quo or the continuation of the policies of more deficits and more debt and a slow economic growth. we want to see all americans realize a greater level of economic prosperity. that is how he is connecting with voters. >>shepard: politics is like sports but this sport has a clock where baseball doesn't. when you are behind, sometimes you have to swing for the fence or throw the hail mary. now that the polls suggest you are behind, but not by were, can we expect something big and not let the clock run out but something big from the governor tonight? >>guest: i don't think there is going to be some big moment that radically changes the nature of the campaign. it will remain very chose. the way we went is you have the sliver of undecided voters, they have watched this president for four years and judged his

policies harshly. how do we persuade emto vote for governor romney, talking about the future and how their lives can be better. that is how you get them. >>shepard: thank you, kevin. well hear from the candidates tonight. continuing coverage on a developing story from syria and turkey. [ mother ] you can't leave the table till you finish your vegetables. [ clock ticking ] [ male announcer ] there's a better way... v8 v-fusion. vegetable nutrition they need, fruit taste they love. could've had a v8...

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>>shepard: the breaking news of the hour, the civil war in syria has now spilled across the border into turkey. turkish military have struck back. according to the tush earthquake prime -- turkish military office of the prime minister, they have fired into syria. they have killed five people, including a six-year old boy. secretary of state, hillary

clinton, said the white house is outraged and add that the success consulting with turkey on how to respond. now turkey has responded. nato is now set to hold an emergency meeting on this today. the chief fox correspondent has the breaking details. this is an article 4 situation. >>jonathan: this is going to be a meeting of nato ambassadors at nato headquarters in brussels, belgium, it is called by the turks, under article 4, the clause in the nato constitution that allows any member state to call to consultation if they feel "their territorial integrity is under threat." the turkish felt that today after the mortars landed inside turkey, fired by syrian government forces, killing, according to the u.n. secretary-general, by the way, killing not five but at least six turkish civilians including a young boy. the turks, we understand, have spended with artillery fire toward syrian positions.

this, obviously, is potentially the beginning of a nightmare scenario talked about by secretary general of the u.n. that could turn from a civil war into a regional conflict engulfing the whole of the middle east. >>shepard: thank issue jonathan. whoever wins the presidential election, a last you will be upset, budget but has a solution if your candidate doesn't win. leave the country. the country will pick up the tab. details are next.

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